### IN THE UNI TED STAT ES COURT OF APPEALS FOR THE FIF TH CIRCU IT

No. 11-60150 Summary Calendar

KYLE P. TATE, Plaintiff-Appellant,
v. LYNN T. CARVEL, M.D.; DESOTO DIAGNOSTIC IMAGING, L.L.C., d/b/a CARVEL IMAGING; METHODIST LE BONHEUR HEALTHCARE and MEMPHIS RADIOLOGICAL PROFESSIONAL CORPORATION, Joint Ventures, Defendants-Appellees.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LYNN T. CARVEL, M.D., Plaintiff-Appellee,

v. KYLE P. TATE, Defendant-Appellant.

Appeals from the United States District Court for the Northern District of Mississippi

USDC 2:08-CV-57

Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges. U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Sep tem ber 9 , 20 11 Lyle W . Cayce Clerk Case: 11-60150 Document: 00511598690 Page: 1 Date Filed: 09/09/2011No. 11-60150

PER CURIAM: * Kyle P. Tate appeals fro m a district court judgment confirming an arbitration award. He argues that the judgment must be vacated because of a defect in service. However, Tate has waived this issue by not rai s i n g it in the district court, and we therefore AFFIRM. Tate worked with his sister, A p pellee Lynn Carvel. After losing his job, Tate filed a lawsuit seeking damages for breach contrac t a n d f o r retaliatory termination. Carvel filed a m o tion to compel arbitration. The district court granted Carvel’s motion, and the parties proceeded to arbitration under the American Arbitration Association. The arbitration panel dismissed all of Tate’s claims and awarded Carvel the expenses incurred in compelling arbitration. Then, Carvel returned to the dis t rict court where Tate had first filed his lawsuit and filed a motion to enter judgment on the arbitration award. Carvel served Tate directly via paper and electronic mail, as well as thr o u g h Tate’s attorneys of record. Despite this notification, Tate filed no response, and the district court entered judgment on the arbitration award. A party who fails to timely object to a court’s personal jurisdiction waives the defense. Ins. Corp. of Ireland, Ltd. v. Compagn i e des Bauxites de Guinee , 456 U.S. 694, 704 (1982). This is not a case where Tate was simply unaware of the district court proceedings. T o t h e c o n t rary, Tate received Carvel’s motion–on

m u l tiple occasions–and chose to make no objection to the form of service. He may not make that objection now on appea l

. M o r eover, to the extent Tate objects to a lack of jurisdiction, the district court retained jur i s d i c tion to enter

Purs uant to 5th C i r . R

. 47.5 , the cour t has det erm ined that this opi nion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5th Cir. R. 47.5 .4. 2 Case: 11-60150 Document: 00511598690 Page: 2 Date Filed: 09/09/2011No. 11-60150

j u d g m e nt on the arbitration award from Tate’s original lawsuit. See T & R Enter., Inc. v. Cont’l Grain Co. , 613 F.2d 1272, 1279 (5th Cir. 1 980). For the forgoing reasons, the district court’s judgment is AFFIRMED.

3 Case: 11-60150 Document: 00511598690 Page: 3 Date Filed: 09/09/2011